Indian Penal Code, 1860, Section 409, 403, 477A, 107, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Criminal Breach of trust - Misappropriation of funds of bank - Plea of clerical mistake - Accused No.1 being a public servant misappropriated the funds of bank by manipulating accounts to facilitate unlawful gains to accused No.3 - Accused No.1 has..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the ground of cruelty and desertion - Petition filed by husband - Initially wife registered a false criminal complaint against the husband and his parents on account of demand for dowry - Allegation that wife had been quarreling with him and his family member on trivial matter - Wife also lodged a false..........
Indian Penal Code, 1860, Section 302, 363 -- Abduction - Murder - Circumstantial Evidence - Accused stated in his disclosure statement that he killed that deceased by causing firearm injury to him - Bullet was found from body of deceased - From the place where the body was thrown articles related to deceased were recovered - Clearly established that deceased was abducted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c) -- Contraband - Plea of false implication - No averment in statement u/s 313 Cr.P.C regarding false recovery nor any complaint made against officers of Customs and Excise Department for false implication - Prosecution case cannot be discarded merely on the ground that recovery memo was prepared in..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Suit for damages - Defamation - Matrimonial dispute - Lodging of complaint with police - Cannot be considered to be a publication of a defamatory statement - If at all any wrong is committed by lodging a false complaint with the police and thereby setting the criminal law in motion, it may amount to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - In written statement wife made false allegations of illicit relations of husband - Wife and her brother, when appeared as a witness did not reiterate this assertion - Wife refused to consummate marriage which also results in mental cruelty to husband as marital obligation was not..........
Evidence Act, 1872, Section 3 -- Interested witness - Proof - Complainant, eye witness and another witnesses of occurrence cannot be consider as interested witnesses - Held, if they were the co-workers of deceased, they were also the co-workers of accused - Cannot be held that they were inimical or biased towards accused and were in any way interested for his false..........
Prevention of Corruption Act, 1988, Section 7, 13 - - Illegal Gratification - Plea of false implication - Except oral assertion of accused there is no material to establish that SHO of concerned police station was related to complaint and that he also pressurized the accused to file a closure report - Plea of false implication by accused not established...........
Limitation Act, 1963, Article 59, 65 -- Petition time barred - Validity - Plea of Adverse Possession - Defendant claiming the possession of land on the basis of possession from 25 years - Plaintiff came to know about the false sale deed about 4 yrs back - held, Correct article applicable would be Article 65 and not 59 - Suit had been filed within 12 years and it is not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
